The law of Anguilla is PRO-LANDLORD

Rents: Can tenants and landlords freely agree to rents in Anguilla?

The rent can be negotiated freely between the parties as can the rent increase over the lifetime of the tenancy and other contractual terms. rent

Anguilla Beach Buildings

The Rent Restriction Act (RRA) applies to all building land, unfurnished houses and public or commercial buildings. With the exception of the Rent Commissioners, rental increases on unfurnished and commercial property were to be limited to 15%.

In the absence of critical components such as nominated Rent Commissioners, there is currently no legal regime under the Rent Restriction Act. The Act still applies to statutory books but did not have any real impact. This could change (see below).

Deposits

In the absence of an enforceable RRA, the parties can agree on a deposit again. The deposit is generally rented for one month.

What are the rights of landlords and tenants in Anguilla, in particular regarding contract duration and expulsion?

The duration of the contractual period is not restricted. The tenancy may be terminated by notice of termination by any Party pursuant to the terms of the rental agreement. Where the contract does not contain express provisions, the general principles of common law apply.

Legislation

The Rent Restriction Act, Anguilla's revised Statutes, Chapter R50.

Important Note: Continuous efforts are being made to revise this Act to make its provisions relevant to present social needs.

Law on Aliens Land Holding, Revised Anguilla Statutes, Chapter A55.

Prohibits the holding, without a licence, of any property or interest in land. Land not exceeding 5 acres may be held for an unlicensed alien for the purposes of his residence, trade or business on an annual tenancy or for a shorter period.

A license application should be made before the alien completes the purchase of the property. If the Alien wishes to rent the property, this should be disclosed in the application form with details of any proposed development, to ensure that this development is expressly permitted by the Alien Land Holding Licence.

The Law on Villa Rental Business 2006.

Any alien who continues to operate a villa rental company in Anguilla, or intends to continue, is required to obtain a licence.

Villa with ocean views of Anguilla

This alien must appoint an agent for a villa, but that requirement may be withdrawn if the alien resides in Anguilla and is considered to be able to perform an agent's functions.

A villa, however called, is defined as a holiday home, pension home, vacation home or residence; but does not include a guest house, hotel, inn, motel, or any villa or condominium developed or operated for resale as part of a hotel or condominium or other hotel project, even if those premises are rented daily.

Licences cannot be transferred, but if licenses are issued jointly to two or more persons and one of the joint licensees dies leaving a survivor during the currency of the lease, the license is still in force.

Revised Statutes of Anguilla, Chapter R30 Registered Land Act

Division 2 of this Act covers the Lessor and Lessee's implied obligations.

The agreements implied by the Lessor include:

To enable the leasant to enjoy peacefully;

To not use the adjacent premises from which he is the owner so as to render the leased premises inappropriate or materially less suitable for the purpose for which they are leased

If only a part of a building is leased, it must rehabilitate the roof, main walls, main drains, common passages and common facilities.

The Pacts implied the Lessee's part include:

To pay the rent in the way specified by the rental,

to pay all taxes, rates and other exits for rented premises that are not legally payable by the Lessor;

where the rental of furnished premises is to keep furniture in good condition, except for fair wear and tear, and replace items that are lost, destroyed or damaged after repair with items of equally high value;

Not to transfer, charge, sublease or otherwise share with or without the Lessor's prior written consent the possession of the property leased, provided that such consent is not rejected unreasonably.

Chapter A 50 of the Agricultural Small Holdings Act, revised Anguilla Statutes.

Governs tenancy contracts for plots of land from one quarter to 25 acres, intended for cultivation or pasture.

How effective is the legal system of Anguillas?

In the Magistrates Court, claims for rent recovery not exceeding EC$15,000 may be instituted. However, action for the recovery of property must be taken at the High Court.

The proceedings are generally more complex and expensive at the High Court than at the Court of Magistrates, but the High Court's generally effective operations should allow the recuperation process to be completed within a reasonable time frame.

Brief History: Recent changes to the landlord and tenant law of Anguilla

The principles governing tenancy are largely derived from the common law of England.

Anguilla's relatively recent commercial growth and the influx of a large number of non-nationals have brought a new level of importance to the tenant relationship with the landlord.

Home property Anguilla beach

In December 1954, the Rent Restriction Act was adopted. It was intended as an important first step in the regulation of landlord and tenant business, but in a society not dependent on such relationships it was accorded low importance. The act now clearly needs some refining, which was not ignored by the legislators. In due course, the legislative provisions will undoubtedly be amended to keep up with the needs of this developing society.